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Maine.gov > PFR Home > Professional Licensing > List of Professions > Funeral Practitioners > Publications > October 10, 2006 Board Meeting Minutes

Maine State seal

state of maine

Department of Professional

and Financial Regulation

MAINE BOARD OF FUNERAL SERVICE

35 state house station

augusta, maine

04333-0035

 

 

JOHN ELIAS BALDACCI

 

ANNE L. HEAD

GOVERNOR

 

DIRECTOR

Board of Funeral Service - Publications

Minutes of October 10, 2006 Public Board Meeting

 

Members Present:

  • Robert Barnes, Chair
  • Normand Lambert
  • Ernest Marriner
  • Hervey Clay, Complaint Officer
  • Paul Fredette
  • John Dunn
  • Bethel Shields

Others Present:

  • Penny Vaillancourt, Board Administrator
  • Jack Richards, AAG
  • Jennifer Mooney, Board Clerk
  • Kevin Cookson, OLR Investigator

Members Absent:

  • Jennifer Minkowitz, Vice Chair
  1. CALL TO ORDER
    Robert Barnes, Chair, called the meeting to order at 9:05 a.m.

  2. OLD BUSINESS

    1. APPROVAL OF MINUTES

      In a motion by Normand Lambert, seconded by Bethel Shields, the minutes from the July 11, 2006 meeting were unanimously approved as written.

  3. NEW BUSINESS

    1. APPROVAL OF CONTINUING EDUCATION PROGRAMS

      In a motion by Normand Lambert and seconded by Hervey Clay, the Board voted unanimously to approve the following continuing education programs as reviewed by the Continuing Education Committee:
      1. Maine Funeral Directors – approved for 2.25 hours
      2. ICFA – approved for 10.5 hours

      Approval letters will be mailed out by the board clerk.

    1. REVIEW DRAFT DECISION & ORDER
      The board reviewed the draft Decision and Order pursuant to a license denial hearing in the matter of Leonard Perkins, which was held on July 11, 2006.

      In a motion by Paul Fredette, seconded by Bethel Shields, the board voted to approve the
      Decision and Order as written.

      Vote: 5 in favor (2 recusals – Hervey Clay & John Dunn)

    1. COMPLAINT PRESENTATIONS

      1. 2005-FUN-281

        A complaint was filed against a licensed practitioner by the board as a result of correspondence it received on July 28, 2005. The letter requested that the board waive the remaining 1500 hours of the 2000 hour requirement under the trainee program in conjunction with a waiver of 500 hours by the Apprenticeship Council. The board was concerned that apprenticeship hours were being earned prior to becoming a licensed trainee and prior to being registered with the
        Apprenticeship Council.

        After review and discussion of the materials presented, a motion to dismiss the complaint due to lack of evidence was made by Normand Lambert, and seconded by John Dunn.

        Vote: 6 in favor (1 recusal – Hervey Clay)

      2. 2005-FUN-276
        A complaint was filed by the board’s complaint officer on April 13, 2005 against a trainee/attendant for failing to disclose criminal convictions on applications for licensure.
        When asked to answer the question “Have you ever been convicted of a criminal offense other than a minor traffic violation, the applicant answered “No” and signed and attested to the truth for both the trainee and attendant applications.

        In March of 2005, the board received information regarding the licensee’s extensive criminal conviction background including convictions of assault, weapons charges, OUI, and drug possession in another state. To date, there has not been a response filed to the complaint. Currently, the licensee is in jail serving a sentence based on recent criminal convictions.

        After review and discussion of the materials presented a motion to dismiss this complaint without prejudice with a cover letter to be mailed informing the licensee that this complaint will be re-opened upon the release from custody was made by Ernest Marriner, and seconded by Bethel Shields.

        Vote: 6 in favor (1 recusal – Hervey Clay)

        2006-FUN-2923

        Board staff filed a complaint on August 15, 2006 against an attendant for failing to disclose a criminal conviction on an application for registration with the board. When asked to answer the question “Have you ever been convicted of a criminal offense other than a minor traffic violation”, the applicant answered “No” and signed and attested to the truth on the application. A subsequent SBI report revealed a Class D conviction of Failure to File Income Tax Returns on April 15, 1982.

        After review and discussion of the materials presented, a motion to dismiss this complaint with a letter of guidance to stay in the licensee’s file for a period of 10 years requiring full disclosure of criminal convictions to the board was made by Ernest Marriner, and seconded by John Dunn.

        Vote: 6 in favor (1 recusal – Hervey Clay)

        2006-FUN-2928

        A complaint was filed against a licensed practitioner by a consumer on August 18, 2006 alleging unprofessional conduct in the amount charged to the family in providing funeral services.

        After review and discussion of the materials presented, a motion to dismiss the complaint due to
        lack of a violation was made by Normand Lambert, seconded by John Dunn.

        Vote: 6 in favor (1 recusal – Hervey Clay)

        2006-FUN-2911

        A complaint was filed against a licensed practitioner on August 14, 2006 for delaying the timely transfer of a mortuary trust to another licensed establishment. The licensee responded that the delay was due to personal reasons, as well as a pending sale of the funeral business. The transfer
        was subsequently made.

        After review and discussion of the materials presented, a motion to dismiss this complaint with a letter of guidance regarding a practitioner’s responsibility to transfer timely in accordance with the board’s rules to stay in the licensee’s file for a period of 10 years was made by John Dunn, and seconded by Normand Lambert.

        Vote: 6 in favor (1 recusal – Hervey Clay)

        2006-FUN-2828

        A complaint was filed against a licensed practitioner by the board after reviewing another case involving an attendant that appeared to be working beyond the scope of an attendant.

        After review and discussion of the materials presented, a motion was made to dismiss this complaint due to lack of evidence was made by Bethel Shields, and seconded by John Dunn.

        Vote: 5 in favor (2 recusals – Hervey Clay and Normand Lambert)


    2. LICENSURE APPLICATION REVIEW

      Robert Marggraf – Practitioner via Reciprocity

      After review and discussion of the application, a motion was made to waive the board’s requirement of submitting a letter of Recommendation from the licensure state and approve the application for licensure pending the passage of the state written examination by Ernest Marriner, and seconded by Bethel Shields.

      Vote: Unanimous

      Dean Basher – Attendant

      After a review and discussion of the application, a motion was made to preliminarily deny the registration application for failing to disclose criminal convictions.

      Vote: Unanimous
    1. CORRESPONDENCE
      Rudy Albert

      Mr. Albert sent a letter to the board requesting the board to waive the national examination requirements based on failing the examination after several attempts and based upon a medical
      report indicating a learning disability.

      After a thorough discussion of this issues involved, a motion was made to send Mr. Albert a letter indicating that board does not have the authority to waive the examination requirements for licensure which are outlined in Chapter 4 of the board’s current rules. Consequently, the board will not grant the request to waive the national examination requirements was made by John Dunn, and seconded by Hervey Clay.

      Penny Vaillancourt will send the letter and also provide information about contacting the national examination to pursue an Accommodation for examination request based on medical findings.

      Vote: 5 in favor (2 recusals – Robert Barnes and Paul Fredette)

  4. OTHER BUSINESS

    CHAIR’S REPORT – ROBERT BARNES

    Mr. Barnes gave a report on the rule-making committee meetings. He also gave an update about his upcoming trip to Reno for the ICFSEB’s Annual Fall board meeting.

    ADMINISTRATOR’S REPORT – PENNY VAILLANCOURT

    Ms. Vaillancourt gave the financial, personnel, and legislative updates, including the current number of licensees.

  5. ADJOURN

    There being no further business, in a motion by Bethel Shields and seconded by Normand Lambert, the Board voted unanimously to adjourn at 10:53 a.m.

Respectfully submitted,

Jennifer L. Mooney
Board Clerk
  

Last Updated: July 20, 2011

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  • Augusta, ME 04333-0035
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